Back / lumbar spine decisions — 2020

The Veteran's service-connected lumbar spine disability and associated radiculopathy prevented him from maintaining gainful employment as of May 23, 2013. The Board granted an effective date of May 23, 2013 for the award of a total disability based on individual unemployability (TDIU).

Your appeals for service connection and a higher rating have been dismissed due to the Veteran's death. The Board has no jurisdiction to proceed with these matters.

The Veteran's claims for increased ratings for degenerative arthritis of the lumbar spine were denied as his disability did not meet or approximate the criteria for a higher rating under VA's rating schedule.

The Veteran's right chronic anterior talofibular ligament injury is granted a 20 percent rating, but no higher. The Veteran also receives a TDIU due to service-connected disabilities.

The Veteran's claim for a TDIU prior to August 27, 2012, and an earlier effective date for DEA benefits under Chapter 35 are both remanded due to the need for additional development regarding the Veteran's ability to secure and follow substantially gainful employment.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no credible evidence of an in-service injury or disease and concluding that any current lumbar spine disability did not have its onset during active service.

The Veteran's back disability is rated as 10 percent for the period prior to March 29, 2009 and as 20 percent from March 29, 2009 to December 11, 2018 and since February 1, 2019. The Veteran's right leg radiculopathy is rated as 10 percent effective November 18, 2011, and his left leg radiculopathy is rated as 20 percent effective the same date.

The Board has remanded the claims for service connection for various conditions including low back disorder, left knee disorder, right knee disorder, lower extremity radiculopathy, circulatory disorder, gastric disorder (including GERD), acquired psychiatric disorder, psoriatic arthritis, and liver disorder due to incomplete development.

The Board has remanded the case due to inadequate opinions regarding the Veteran's lumbar spine disability and thoracic spine levoscoliosis T2-T5. The Veteran is seeking service connection for a middle back condition, which includes lumbar strain and thoracic spine levoscoliosis.

The Veteran's request to reopen the issue of service connection for a back disability has not been successful. The issues of service connection for left foot and right foot disabilities, as well as tinnitus, have all been denied.,There is no evidence showing that any of these conditions began during or within one year after active service, or are otherwise related to an in-service injury or disease.

The Veteran's claim for service connection for a low back disability is granted, and the issue of whether new and material evidence has been received to reopen his claim is also granted. The case is remanded for further development including a VA examination.

The Board denied service connection for right lower extremity sciatica or nerve damage, left lower extremity sciatica or nerve damage, low back disability, right foot disability, and left foot disability. The claim of entitlement to service connection for an acquired psychiatric disorder was also denied.,Service connection was not granted as the evidence did not show a current disability at any point during or in proximity to the appeal period.

The Board has denied the Veteran's claims for service connection for cervical spine and upper back disabilities, finding that there is no evidence linking these conditions to his military service. The claim was remanded due to a lack of VA examinations but the matter now returns to the Board.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, an acquired psychiatric disorder (anxiety), a low back disorder, tinnitus, a foot disorder (plantar fasciitis), and hypertension. The reasons given were that there was no current disability meeting VA criteria for these conditions, or evidence of in-service injury or exposure.

The Board has dismissed all the claims on appeal, including service connection for various disabilities and increased ratings.

The Veteran's claims for service connection related to gastrointestinal and neurological symptoms have been denied. Effective dates for the awards of service connection are also denied.

The Board denied service connection for a low back condition, finding that the Veteran's current disability is not related to his active duty service. The claim was remanded due to new evidence.

The Veteran's left ear hearing loss and bilateral tinnitus were not related to service, as there was no evidence of in-service noise exposure or continuity of symptoms.,PTSD was denied due to lack of credible supporting evidence for the claimed stressors. Sleep apnea was denied because there is no evidence of a current disability that began during service.,Low back disorder and right-sided sciatica were not related to service, as there are no records indicating an in-service injury or chronic symptoms after separation.,Right ankle disorder was also not related to service, with the absence of any documented injuries or relevant symptoms.

The Board denied the Veteran's claim for service connection for lumbosacral and cervical strain, finding that there was no medical evidence to support a nexus between her current back condition and her active duty service.

The Board has decided that service connection for a low back disability should be remanded due to the possibility of relevant VA treatment records not being obtained.